Capital journal., October 13, 1925, Image 4

PAGE FOUR
THE CAPITAL JOURNAL, SALEM, OREGON
TUESDAY, OCTOBER 13, 1925
Capitaljjournal
Salem. Oroiron
An Independent Newspaper Published Every Afternoon Except Sunday
at 136 S. commercial street. Telephone si; news hz
GEOKGH PUTNAM, Editor and Publisher
Entered aa second class mall matter at Salem, Oregon
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tion of all news dispatches credited to It or not otherwise credited In
this paper and also local news published herein.
"Without or with offense to friends or foes
1 sketch your world exactly as it goes." byron.
Cannot Search Dwellings
Coming to the rescue of what its own rulings upholding
the Volstead act have left of the Constitution, the federal
supreme court declares that search of a private dwelling on
suspicion without a warrant is "unreasonable and abhorrent."
The decision was rendered in a narcotic case from Brooklyn.
Congress, it declares, never authorized such a search. The
court remarks :
While the question has never been directly decided by this court,
it hiifl always been assumed that one's house cannot lawfully be
searched without a search warrant, except as an Incident to a lawful
arrest therein.
The sleuths made the mistake, in this ease, of not only
searching the house where the contraband was, for which
there was a warrant issued, but of searching other places on
suspicion. But who could blame the sleuths, for the same
court had previously set aside the constitution and permitted
the search of persons and effects, such as automobiles, ships,
motor boats and wagons so why draw the line at dwellings?
Only a legal mind can comprehend the difference, for does
the Constitution not say:
The right of the people to be secure In their persons, houses,
papers and effects against unreasonable bearchps and seizures, shall
not be violated, and no warrants shall issue but upon probable cause
supported by oath or affirmation, and particularly describing the
place to be searched and tho person or things to be seined.
my time, and the next day
couldn't have told you which of
the women on board she was."
Had Patricia been a cat she
would have purred.
"Do you know what you've
done?" Andrew demande.d a twlnk
le in his eye. And to her nod of
denial he explained : "Linda used
to call you a husband tamor. Well,
she never know how truly she
spoke. For you have tamed your
own husband and he Is lying- at
your feet."
Her only answer was to snuggle
more closely In his arms.
Tin:
KN'D
3 CONVICTS
WITNESSES
FOR MURRAY
(Continued irum Pajjo One.)
Stanfield's Chances
Amusing comment is going the rounds of the press re
garding Senator Stanfield's chances of rehomination. We are
repeatedly informed that "Stanfield is' slipping" and that,
since the Baker episode, lie is out of the running.
As usual, the majority is wrong, and Stanfield is likely to
be renominated. It is an axiom of politics' that you can't
beat somebody with nobody and most of the candidates
trotted out are nobodies, as far as ability, experience or
fitness to be a United Stales senator is concerned. None are
any improvement upon Stanfield, who lias the advantage of
six years experience and important committee positions.
As to prohibition all are in the same boat, all wot,' but
voting dry, all as big hypocrites as the incumbent, all of
them symptomatic of the age of bunk.
With a divided field and a solid support, it looks like Stan-
tield, who though lie wasted his time at first, has been on
the job tho past few years. He is as capable as any of them,
more so than some of them. Who is going to beat him?
Unnecessary
C. R. Wade, field officer for the Oregon Humane Society,
who among his other duties, has assisted at several rodeos,
declares that when humane events only were on tho program,
the round-up proved more enjoyable than when horses and
cattle were treated cruelly. He shot more stock at the
l'emlleton Round-up two years ago than in two months this
year at round-ups at l.akeview, Burns, John Day, Redmond
and Prinevillc, where he bad complete charge of the shows.
Had Mr. Wade officiated at lViidloton Hound-up this year,
he would probably have shot, more animals than two years
ago, for newspaiKT accounts were replete with the crippling
of beasts and injuring of persons, which, as Mr. Wade
asserts, is unnecessary.
Barbarous cruelly is not an asset but a detriment to any
spectacular pageant.-
The Husband Tamer
By Violet Dare
rit i Mitsiiii'
'Hi', fiillt'flpio will lirtvo to pel
nmithcr lnwyer," Andrew tuld her
n they got in tho elevator. Andrew
wa nlwiiVfl absurdly conselnus of
- (be nppsplly of t.ilking nnd of
not unyitig nnylhmR Interenl inc
before the elevator man.
' Wfifl nfi ;iid th:it you would
refuse," she replied In an eiiunlly
rtilorUvM voice, turnlnpf to stnilo nl
him intsehlevoinlv behind Hie ele
vator tnan'fl tmek, (iiite ns she hrtd
In the old dny "You Ahnultln't,
yon Idtnw. It will mr.in a bit or
money."
Ho didn't answer her until Iheb
IfiKieah wan beaded toward her
lintel. Then gruffly be drew her to
him nnd in n husky" voice leP;i;ed
Iter to come bnek to hini.
"I never realized until tonight
bow I'd used you. Of roimm, I
rnnnot take (iilkapio ns a client,
no matter bow much money It
menu". Vou went out nnd landed
film for me nnd it was no more
than nu bad done before. Hut thin
time I realized bow dependent I
had been on you, how degrading
It was for you."
ratrlein mulled a little to herself
ns she realized bow Innocent hc
had boon of any plan to brine hint
in his senseR.
"I want you to come birU," be
went nn. "And I'll try to Rive you
everything you want. I've learned,
my darling, that I can run m
butdnofts without you, I haven't
done badly, you know, since you've
been away, r.ut I enn't live with
out you Pat. f need you. There
txn't any Joy In life without you
Pat slipped her arm around hUt
neck and a little sob shook her
Shoulder,
"And I though tonight was tho
end of everything," he whisper
ed,' burynlg her head deeper on bin
thoulder, "You wore bo nollto to
me "
Her little drawing room at the
hotel looked cold and cheerless ni
they cams In, though the big bowla
of flower nnd delicate French fur
niflhlngw had seemed chnrmlnff to'
her only a few hours before. I
"We'll have a great big open
flteplm-e with big chairs that you
enn niiik down In." ratrlein start
od in enlbusiaHtlcaily. ns ho nsk
i'd her If nhe wouldn't go bouse
bunting with him the very next
day.
"Ami we'll fpciiii Jill our even
itifi.H In them," ho awn red her
Inugliinsly as lie bold her eloper In
Ills nruiw. "Unless you get n hank
eritig once In n whiles to go lo nee
the Follies or take n look uj the
cabarets you unod to be so weary
of,"
iMtrlria sighed exultantly.
"I'd like to go a few times Just
with you and perhaps Unda l.luyeo
and Iter hu.shand. And I'd llko to
he awfully rude to all of you just
to in ;ike up for the t In.es when
I've bad to be polite to people who
meant nothing in my life, lmt
Andrew, can wo do it? Ituying (he
house nnd all Is going lo be awful
ly expensive. Can yon afford to
let down all at once? I rould .stand
fUliIng buci Mess for you tf It
hum mi cabarets every night and
entertaining a dozen women like
Mrs. Hewitt at our home. If I was
oMly mire that wo could get away
from It sometime In the future."
"You darling!" Andrew exclaim
ed. "It won't be nrcfvw.try though,"
he exclaimed n few minutes later.
"I won't be fishing for clients, at
least for nwblle. I mado connec
tions over in London that will keep
me occupied for a long time. Hut
I'm not even going to tell you
about my buslnesi any more. The
next time ! go to London and
that Is In a few months you are
going with mo, 1 never was no
mlfterable In my life ns when I
went alone."
"Hut Linda wan on the boat and
bow nbottt that girl In the snap
shot?"
Andrew grinned sheepishly,
"Home friend of Linda's. Didn't
know her myself, hut got into the
plctuio so that Linda would send
It to you, hoping to make you jeal
ous. Then I went back to tho smok
lug room, where I spent most of
case Attorney Will It. King
questioned Murray further in the
afternoon relative to circumstances
at the prison tending to place him
in fear of hia life. Among Mur
ray's replica to these, questions was
tho assort ion that Guard John
Davidson fired a shot in the di
rection of Murray and two other
convicts not long before tho break
of August 12. Murray said the bul
let lilt about six feet from him.
Murray described in reply to
King his two previous eac.ipes
from tho penitentiary, the first
when be and five others went over
the wall at No. 1 tower and the
second when he and nnothur pris
oner swam under water in the mill
race during o S u n d ay ba H ga m c
and sawed through the bars In the
race where it passes under the
prison wall, Tho escape over the
prison wall he said was brought
about by the convicts tipping two
known "stools" in the prison that
they were going to seize a South
ern Pacific switch engine that op
erates Into the prison yard and run
It through a gate. Knowing the
".stools" wo ii !tl tip the officers,
said Murray, the convicts figured
that the guard In post No. 7, would
leave the post when the engine
entered the yard and go guard an
other point. Things happened he
said, as they planned.
Threatened zinn
Murray again detailed the flight
of himself, Kelley and Willos from
the state hospital grounds with
Zinn, the taxicab driver on the
night of August 12. He admitted
threatening to kill Zinn and Ivltts,
who was SSI tin's passenger.
"Why did you make that
threat?" asked King.
"Why, we had to to make them
cio wnui wo wanted them to, an
swered Murray. Then Jie added
laughing; ",We couldn't tell them
we would slap them on tho wrist.
King askeu Murray about bis
schooling and earty reading. He
said he had once rend a book about
the escape of Harry Tracy and Da
vid Merrill from tho Oregon prison
and that one of the pictures in the
book flashed into his mind at the
lime ho escaped over post No. 7
In March, 192-1.
Murray admitted to several er
rors in the statement dictated by
him to Charles Newman of New
lira. One of these was relative to
seeing Warden Dairy m pie come
out of the turnkey's office and two
guards in tho yard. There was only
ono guard ho said. This was Pete
White. His dictated statement
about the convict Willos doing
some of the shooUng Murray said
was untrue, but was made deliber
ately "to throw a bluff into the
Newman family so they wouldn't
think they could get away with
anything."
Says Kelley Not Armed
Murray maintained that Ells
worth Kelley was not armed until
after he was outside the prison wall
when Jones, tho wounded convict,
gave him an unloaded shotgun.
In the early part of tho cross-.
examination, District Attorney Car
son drew from Murray the story
of Ills prison careor in San Quen-
tin and Salem and the various
crimes he has committed. Murray
at tho present time is on parole
from San Qucntln,
Murray told of three times that
he had been committed to the "bull
pen," once after the first escape
over the wall, a second time for
his connection with attempting to
tunnel out of tho prison and the
third time after his return from
Butte, Mont., where Murray was
caught after hlg second escape.
Itcuson For "Hull Penning"
Refuting the defense relative to
Murray's alleged mistreatment at
tho prison District Attorney Carson
asked:
"You knew why you were put in
tho bull pen after that, didn't
you ?" referring to the first es
cape. "I bad no Idea why," answered
Murray, "because the warden told
me I wasn't to bo punished for
that escape."
"Wore you connected with tho
tunneling attempt?" asked Carson.
"I was."
"You knew you were put Into
the bull pen that. time because you
were suspected of being implicated
in that didn't you?"
"There was no reason for my bo
ing suspected. I confessed to It in
the hope it would keep some other
convicts out of the bull pen."
Refuses To Answer
Murray stubbornly refused to an
Hwer several questions until Judge
Kelly ruled that bo must. One of
th -ic was the disposition made of
rifles taken from tho prison on
the night of the escape.
'I refuse to answer that ques
tion," said Murray.
"I'm asking you," said Carson.
"I'm not answering,' retorted
Murray.
'I'll answer. We left the two
rifles in tho Newman car. We
didn't know whether they would
keep them or turn them In, If they
kept them we didn't want to In
criminate them, so we said we had
thrown them Into Columbia
slough."
Murray denied that he told Zinn
that he shot Sweeney between the
eyes. He admitted saying In the
statement dictated to Newman that
he killed Sweeney, but in oxplana
tlon of this he said:
Reasons For Statement
"I made that statement," he
said, "for several reasons, One be
cause the newspaper reporters had
given the impression that we had
killed the guards without giving
them a chance. My statement cor
rccted this. Another reason was
that 1 wanted to Instill fear Into
the Newman family, and a third
reason was that I wanted to give
Mr. Newman a chance to make
something out of the statement,
and I knew the more like a dime
novel it read the more he could
make out of it."
Murray said he did not remem
ber of telling Otto Lucht of Moni
tor thatjie haj shot Sweeney thru
the right eye.
"If I told him that." lie said,
"it was to impress upon those boys
the fact that they better not make
any kind of a crazy move."
"Would you have killed tliem?"
akcd Carson.
Laughing sneerlngly. Murray an
swered: "I refuse to answer that,"
Carson did not insist on an an
swer.
Evasive In Answers
Murray stalled In bis replies to
a question as to where the convicts
got the rppe that aided them in
their escape, first refusing to an
swer until the court ruled that he
must.
"We stole It," he said.
"From whom ?"
"The state of Oregon."
"Where?"
"The penitentiary."
"At what place?"
"The bath bouse In the boiler
room."
Similarly Murray stalled In his
answers as to where they got the
hook, chisel and other things used.
He refused to tell where tho chisel ,
was obtained, saying to do so
would incriminate unother convict
nnd Judge Kelly ruled that ho
need not answer.
He and Jones Laid Plan
Murray said the escape was plan
ned by himself and Jones about a
month before the break and Kel
ley nnd Willos wore not let In on it
until about a week before. Ho said
there was no definite plan to free
all the prisoners.
"I don't think there tire more
than four or five men there who
would go out If Iho door was left
onen." he said. "Most of them
would rather 'stool' their way
out."
Relative to the first plan to use
guards aa shields and go out the
front gate Murray said the con
victs had seen enough or the
guards lo know they would not re
fuse to act and that no one but a
fool would refuse.
Murray, replying to further ques
Honing by King, denied that he hit
Turnkey Ncsmith with a cuspidor
and declared Ncsmith wasn't hit
with anything but Oregon Jones'
fist.
When the original plan to use
guards as screens failed, Murray
declared that tho escape became a
matter of life and death, whether
they went ahead with It or quit.
To quit, he said, would have meant
a lingering death in tho bull pen.
Hitter Against Prosecutors
Murray was bitter in telling of
his two sentences of one to 10
years each for the Florence bank
robbery, ono sentence for assault
with a dangerous weapon and an
other for larceny. Ho said the
district attorney of Lane county
promised that if ho and his part
ner pleaded guilty the two sen
tences would bo made to run con
currently, but when the sentences
were imposed they were made to
run consecutively.
"That made me mad," said Mur
ray, "and I made up my mind to
escape at tho first chance. Since
then I haven't had much use for
prosecuting attorneys,"
In connection with Murray'
slurring remarks about stool pig
eons Carson naked if he hadn't
stooled on a prisoner named Mooro
Murray rather weakly denied this,
but said he had been accused of
it.
He admitted that during a prev
ious flight from the prison he had
helped burglarize the Doerfler
home near Marion, Or., where
nome guns nnd others articles were
stolen.
Character Wltueshcs Heard
Two character witnesses, who
wore also asked lo testify as to tho
effect upon Murray of t he blow on
the head with a rock that ho re
ceived when he was 14 years' old,
were called by the defense yester
day afternoon. They were Mrs.
Anna Dowell and James Murray,
the defendant's sister and father,
respectively.
Mrs. Dowell testified that prior
to being his by the rock Murray
was always a "good-natured, cheer
ful boy," but thai a year or so af
ter the injury he began lo evidence
a desire to get away from home.
She said that during a sovon
monih stay that Murray made on
the farm of she and her husband
in western Lane county during
1021. following his parole from
San Qucntln prison, he used to
"take spells of moodiness, follow
ed by spells of temper."
Murray's father said that after
liie defendant received tho blow on
the head and while he was still at
home "he would get iiot tempered,
wanted to fight and did not want
to stay at home or do what ho was
told."
The defense recalled Rev. C. II.
IJryant, protestant chaplain at tho
prison, to the slant, ostensibly to
testify as to conditions in tho
"bull pen," and regarding the use
of merrawaunna by the convicts.
The court, however, sustained the
objection of the prosecution to
this line of questioning and tho
witness was excused.
DUMB DORA
By Chick Young
gosh! a
SWT-FWE DOLLAR
GROCERY BILL. .
Tv4EF3.E MOST
BE A MISTAKE
(TOME. MORE
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COLIASS A WEEK ' r
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BRINGING UP FATHER
By George McManus
t tAoo we we
coirc to Move
AND VOU ARE.
Coir-tG OUT Vsitm
ME. TO T-OOK FOf
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BARNEY GOOGLE
Mrs. Google Shows No Partiality
By Billy de Beck
rl WU MM
AMD RlCHT OF' BAt 'AFTe A--THtiE
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By Bud Fisher
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